Assault Flashcards
1
Q
Definition of assault
A
Lord Goff in Collins v Wilcock “an act which causes V to apprehend immediate unlawful force”
2
Q
Step one of actus reus
A
D must do an act- words/gestures/ silence. (Ireland)
3
Q
The act can be done through written letters, emails, and texts
A
Constanza
4
Q
A
5
Q
Step two
A
the V must apprehend force- no apprehension so assault (lamb)
6
Q
Even jokes can be an assault if it makes v apprehend force
A
(Logden)
7
Q
A
8
Q
Step three
A
The threat of force must be immediate (smith v chief of working police)
9
Q
Words may negative the assault
A
Tuberville V savage
10
Q
Mens rea
A
The men’s rea of assault is the intention or recklessness to do an act which causes V at apprehend immediate unlawful force
11
Q
Intention
A
Mohan
12
Q
Recklessness
A
Cunningham
